Court strikes down provision in panhandling ordinance

WORCESTER — A federal court has barred the city from enforcing a restriction on panhandling in a city ordinance that has been in place for the past 10 months.

The U.S. Court of Appeals for the First Circuit has granted a temporary injunction that allows people to solicit money any time of day or night while the case remains under review.

The restrictions on panhandling were approved in late January by the City Council. The ordinance aimed to prevent people from soliciting money while meandering through traffic at busy intersections and prohibited panhandling during certain hours. It also ended "tag days" in the city, during which charitable groups and youth sports teams solicited donations from drivers.

The suit was filed in May by the American Civil Liberties Union of Massachusetts and Goodwin Procter LLP on behalf of three Worcester residents.

The ordinances made it illegal to solicit money from motorists while standing in the street, walking in and out of traffic or standing on a traffic island. Those found guilty of violating the rules can face a fine of up to $50 or be required to do community service.

Appeals for an injunction on other provisions of the ordinance were denied by the court in its decision Friday.

However, the case remains under review by the court. Another hearing is scheduled for January.

The ordinances were a topic of hot debate while they were being considered in late 2012 and early this year.

District 2 City Councilor Sarai Rivera and Councilor-at-Large Joseph C. O'Brien opposed the regulations, while the other nine councilors voted in favor. The decision ended more than eight years of effort by municipal officials to address the issue.

Ms. Rivera and Mr. O'Brien said they were concerned with enforcement taking time away from more pressing issues facing the Police Department. Ms. Rivera also argued that the ordinance was a "Band-Aid" approach to issues of mental health, substance abuse, poverty and homelessness.

Contact Alli Knothe at aknothe@globe.com. Follow her on Twitter @KnotheA.